Thursday, August 6, 2009

Reasonable Remedial Measures

The Pennsylvania Supreme Court approved a proposed public censure of an attorney for misconduct in ongoing litigation.  Unbeknownst to the attorney, his client had provided forged documents and testified falsely at a deposition. The attorney failed to act for three months after learning of the client's fraud. The Disciplinary Board's recommendation noted that suspension or disbarment is appropriate when a lawyer actively participates in client fraud. Lesser sanction, including public censure, may be imposed for unknowingly abetting fraud and failure to act when discovering the client's bad behavior. The attorney had failed to correct pleadings that had relied on forged documents, but was remorseful and cooperative. (Mike Frisch)

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